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New India Assurance Company Ltd vs Nusli Neville Wadia And Another on 13 December, 2007

Similarly, in New India Assurance Co. Vs. Nusli Navelli Wadia (supra) it was held that issuance of such guidelines was not being controlled by statutory provisions, the effect thereof was advisory in character and no legal right was conferred upon the tenant by such guidelines. Otherwise also, the guidelines did not debar the respondent bank from seeking eviction of the tenants on justified and well founded grounds, like in the present PPA No.57/08 etc. Page 20of 24 case where the eviction was sought on the ground of bonafide requirement in furtherance of banking activities.
Supreme Court of India Cites 43 - Cited by 374 - S B Sinha - Full Document

L.D. Nayar And Sons vs Punjab National Bank And Ors. on 19 May, 2008

the respondent bank in seeking eviction of the appellants who are bonafide tenants under the respondent is in contravention of the guidelines issued by the Govt. of India in this behalf. The eviction orders issued by the Estate Officer are, therefore, liable to be set aside being in contravention of the guidelines. On the other hand, it has been submitted by the ld.counsel for the respondent that the guidelines were duly considered in Board's meeting, while processing the cases of the appellants and it was found that the cases of the appellants were not covered under the guidelines and hence it was decided to continue the proceedings initiated against the appellants. It has been urged that the guidelines issued by the Govt. of India can not supplant the statutory provisions under the Act and the same are simply advisory in nature. Shri Y.P.Chandana, Advocate refers to L.D. Nayyar & Sons Vs. Punjab National Bank, 151 (2008) DLT 27 and New India Vs. Nusli Wadia (supra) in support of his contention. I have gone through the minutes of the meeting held on 22/5/1992, 15/1/1997 and 13/1/2006 (copies of which have been placed on record) wherein the cases of the appellants were duly considered alongwith the cases of other tenants of PNB and it was decided to continue the eviction proceedings against the appellants.
Delhi High Court Cites 20 - Cited by 15 - S R Bhat - Full Document

Uttam Parkash Bansal And Ors. vs Life Insurance Corporation Of India And ... on 19 September, 2002

In L.D. Nayyar Vs. PNB (supra) while relying on Uttam Parkash Bansal Vs. LIC, 100 (2002) DLT 97 it was held that the administrative guidelines can not supplant the power to invoke the speedy remedy to evict tenants whose arrangements ended almost two decades ago. The guidelines can not be fetter on the statutory power conferred under the PP Act.
Delhi High Court Cites 48 - Cited by 31 - S B Sinha - Full Document
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